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Dishonesty and the failure to prevent evasion

Charles Yorke (Allen & Overy) explains how the Supreme Court’s decision in Ivey v Genting Casinos has expanded what it is to evade taxes.
 

Mr Ivey is one of the world’s leading poker players. In 2012 he played Punto Banco a variant of Baccarat at a casino in London. He won over £7m in a matter of hours deploying a technique called ‘edge-sorting’ which greatly improved his chances of winning. The gambling contract between Mr Ivey and the casino included an implied term that neither would cheat and if Mr Ivey had cheated then he could not recover his winnings.

Mr Ivey’s case was that cheating in the context of games and sport has the same meaning as under the criminal law and that what he had done did not amount to cheating because there was no dishonesty.

The Supreme Court disagreed (Ivey v Genting...

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